Termination Excessive for Alleged Abandonment of Employment

07/19/2010|Canadian Labour Reporter|Last Updated: 02/05/2011

Employed for 11 months, J.M. was working the 8 p.m. to 4 a.m. shift as a warehouse worker when she was fired for violating the company’s guidelines on personal conduct. The guidelines specified immediate termination for unauthorized absences of three consecutive days.

The union grieved, arguing that the company had not made out a case for discipline and that the penalty imposed was too severe in any event.

J.M. did not finish her first shift following her return from summer vacation. Saying she was not feeling well, J.M. left work early, returning to work two weeks later with a doctor’s note.